Minutes - Council - 02/27/2001 - Laserfiche WebLink

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about what it cost the City to fence-off the open basements that ACCAP was supposed to do. City Attorney Goodrich replied that the City can go forward with the purchase agreement and then negotiate that issue with ACCAP. Councilmember Hendriksen stated that they have had ACCAP before them making many manifestations of what they were going to do with the project. He has serious misgivings if they honor what they propose. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Anderson, and Kurak. Voting No: Councilmember Hendriksen and Zimmerman. Case #5: Consider Action on the Anoka County Community Action Program (ACCAP) Request for Rezoning, Subdivision and Site Plan Approval to Develop a Multi-Family Rental Housing Project in Ramsey City Attorney Goodrich stated that the Anoka County Community Action Program had applied for rezoning, site plan review, and subdivision approval to do a multi-family rental housing project on the west side of T.H. 47 at the intersection with Sunwood Drive NW. The cases were on the November 28, 2000 City Council agenda. With respect to the rezoning, the City Council adopted findings of fact. The motion to introduce the rezoning ordinance failed. Any final action on the rezoning, site plan and subdivision was tabled in order to give the City Attorney sufficient time to research whether or not failure to introduce the rezoning ordinance applies as a denial under the interpretation of the State's 60-day rule. In a recent case involving the City of Duluth, a motion to approve a land use application failed. It was assumed that failure of the motion to approve constituted denial under the law and the 60-day rule was satisfied. However, a strict reading of the law requires the City to move and pass a resolution to deny the application in order to meet the 60 day requirement. Failure of a motion to approve does not result in denial. As this relates to the ACCAP application, the City Council adopted Findings of Fact regarding the proposed rezoning. If the Council is inclined to deny the rezoning, a resolution should be adopted accordingly. If the Council is inclined to approve the rezoning, then the ordinance should be approved accordingly. In addition, ACCAP has also submitted applications for site plan approval and subdivision approval. The Council will have to either approve these land use applications or adopt resolutions to deny them. Mr. Goodrich noted that ACCAP has offered to extend this action for an additional 30 days. Councilmember Hendriksen inquired if Findings of Fact have been adopted. City Attorney Goodrich replied yes, noting that the Findings of Fact were adopted on November 28, 2000. Councilmember Anderson inquired if the City had in fact approved a rezoning by not taking action within the sixty days. City Attorney Goodrich replied no, explaining that ACCAP extended the 60 days and has agreed to extend it another 30 days. City Council/February 27, 2001 Page 12 of 23